Citation Nr: 21063954
Decision Date: 10/18/21	Archive Date: 10/18/21

DOCKET NO. 18-17 333
DATE: October 18, 2021

REMANDED

Entitlement to a disability rating in excess of 30 percent for posttraumatic stress disorder (PTSD) prior to April 26, 2018, and in excess of 70 percent thereafter is remanded.

INTRODUCTION

The Veteran served on active duty from June 1964 to June 1968.

In September 2021, the Veteran indicated he wished to withdraw his prior request for a Board hearing, and also stated he was content with his present disability rating.  As such, the prior request for a hearing is deemed withdrawn.

REASONS FOR REMAND

While the Board regrets the delay, additional development is required before the Veteran's above-noted appeal is decided.

Initially, the Board notes that a review of the record shows the Veteran has received consistent outpatient mental health treatment at the Dover VAMC; however, the most recently obtained records from that facility are dated October 2018.  Pursuant to 38 C.F.R. § 3.159 (c)(2), VA must make as many requests as are necessary to obtain records in the custody of a Federal department or agency.  Since these missing records may bear upon the Veteran's increased rating claim, this issue cannot be decided at this time. 

Next, the Board observes the Veteran most recently underwent a VA examination to assess his psychiatric disorder in April 2018.  His outpatient treatment notes thereafter show a possible worsening of his disability.  As there is evidence of a potential worsening of the disability the claim must be remanded for an examination to determine the current severity of the disability.  Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994). 

Accordingly, these matters are REMANDED for the following actions:

1.  Contact the Veteran and his representative, both in writing and by telephone to determine whether the Veteran wishes to withdraw the above-noted appeal, and advise him that if he does intend to withdraw his pending appeal such withdrawal must be in writing.

2.  If the Veteran does not wish to withdraw his appeal, undertake appropriate development to obtain any outstanding records pertinent to the Veteran's claim.  If any requested records are not available, the record should be annotated to reflect such and the Veteran notified in accordance with 38 C.F.R. § 3.159 (e). 

3.  Afford the Veteran a VA examination by an examiner with sufficient expertise to determine the current severity of his service-connected PTSD.  The electronic records should be made available to and reviewed by the examiner.  Ensure the examiner provides all information required for rating purposes.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Fraser, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.